KARACHI: A division bench of High Court of Sindh (SHC) comprising Justice Aziz-ur-Rahman and Justice Adnan-ul-Karim Memon on Monday suspended a notification dated 30-4-2015 appointing a BPS 19 officer on a post of grade BPS 20. The FBR appointed Amer Rashid as DG Intellectual Property Rights of Pakistan Customs.
The bench on a previous hearing in April this year issued notices to the Federal Secretary, Revenue, Chairman FBR, Member Customs and Amer Rashid Sheikh, Director General, Intellectual Property Rights (IPR) of Pakistan Customs for today (May 06).
The bench was hearing a petition filed by one Manzar Hussain challenging the appointment of Amer Rashid, an officer of BPS 19 on a post of BPS 20 on OPS basis (Own Pay Scale).
Sarmad Hani advocate appearing for the petitioner contended that the respondent DG IPR was appointed vide notification dated 10-2-2015 ad DG IPR. Earlier he was holding the post of Additional Director, Directorate of Reforms& Automation in BPS 19. He was suddenly appointed DG IPR, Enforcement, South. The counsel for petitioner relied on a case law Province of Sindh versus Ghulam Fareed and others (SCMR 2014) in which Supreme Court has decided that appointment of junior officer demoralizes senior officers, block promotion of seniors and has no sanction of law. The counsel said that appointment of respondent DG IGP Amer Rashid is illegal and hence be removed.
The prayer include request for an inquiry into the decision made by the respondent number four in previous five years causing major loss of revenue to the national coffers.
The bench today after hearing the Sarmad Hani advocate and counsel for chairman FBR and other official respondents suspended the impugned notification.